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DIXIE FUEL v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 11-4298.

700 F.3d 878 (2012)

DIXIE FUEL CO., LLC and Bituminous Casualty Corp., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and Arlis Hensley, Respondents.

United States Court of Appeals, Sixth Circuit.

November 28, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Mark E. Solomons , Laura Metcoff Klaus , Greenberg Traurig LLP, Washington, D.C., for Petitioners. Gary K. Stearman , Michelle S. Gerdano , United States Department of Labor, Washington, D.C., Joseph E. Wolfe , Ryan C. Gilligan , Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondents.

Before: SUTTON and STRANCH, Circuit Judges; STEEH, District Judge.

OPINION

SUTTON, Circuit Judge.

For two decades, Arlis Hensley tried to obtain benefits under the Black Lung Benefits Act. 30 U.S.C. § 901 et seq. On his third try, he succeeded — or so it seemed. An Administrative Law Judge concluded that Hensley's pulmonary troubles arose from the thirteen years he spent in the coal mines as opposed to a long-time smoking habit or other causes. As misfortune...

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